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The War on Medical Marijuana Patients Continues...But Why?
11-28-06|Stop the Drug war| Scott Morgan

Medical marijuana activist Dustin Costa was convicted in federal court last week and could now spend the rest of his life in prison. Costa’s was the first federal trial of a medical marijuana patient in three years, demonstrating that the feds remain willing to pervert justice and lie to jurors in order to undermine California’s medical marijuana law.

The defense was prohibited from informing jurors that Costa is president of the Merced Patients Group and that his 908 plants were unquestionably intended for medical use.

Meanwhile, further north, the Washington State Supreme Court recently upheld the conviction of medical marijuana patient Sharon Lee Tracy.

From Northwest Public Radio:

Even the majority justices say Sharon Lee Tracy is exactly the kind of person Washington voters intended to help when they passed a medical marijuana initiative back in 1998. She suffers from a hip deformity, migraine headaches and endured eight surgeries to repair a ruptured bowel and colon condition. So why was she arrested and convicted of growing marijuana back in 2003? Because Tracy had permission to use marijuana from a California doctor, but not a Washington doctor as required by law.
As I understand it, the decision is legally sound in that Washington’s medical marijuana law does require an in-state recommendation. Dissenting Justices argued that other medicines are available with out-of-state prescriptions, but to no avail.

Either way, there’s no excuse for sending this feeble woman to prison. I can forgive these judges for upholding the law as it’s written, but the prosecutors who fought this all the way to the State Supreme Court should be ashamed. Tracy should never have been charged in the first place.

I shudder to think that some smug DA walked out of court grinning after successfully convicting a woman with chronic migraines, a deformed hip, and a ruptured bowel simply because she tried to relieve her pain. Let’s hope the State Legislature moves to close this loophole forthwith. And if she’s sentenced to even a day in prison, let’s make some noise.

I understand that local officials are still coming to terms with the reality of medical marijuana. I understand that federal officials have painted themselves into a corner and will not now admit that they've acted in bad faith. I understand that people who've had the fortune of good health are sometimes challenged by the notion that a popular recreational drug also has unique medicinal properties. But I do not understand why resources are still being used to bring criminal charges against sick people. I just don't get it.

Can anyone explain why this is still happening?

 

Hansje

There needs to be a change at the federal level, in particular a law that specifically legislates that the medical marijuana defense must be allowed. That way the juries can use their common sense and show compassion to let good people off the hook, as it should be. Once you have statute law or legal precedents, you can bet the prosecutors will stop wasting taxpayer money on cases they are most likely going to lose. That's no feather in any prosecutor's cap, and s/he is not going to get any promotions or win any elections for wasting taxpayer money and resources on medical marijuana.

You bet your behind, however, that the drug warriors will pull out all the stops to defeat any such federal legislation that mandates the medical defense must be allowed. Once the medical defense is admissable, it's definitely the beginning of a long and drawn out protracted end to marijuana prohibition in the U.S.

Buzzby

The Republicans have lost Congress and the new Speaker of the House is a strong supporter of medical marijuana. She was a sponsor of the bill to cut off funds to the DEA to be used to investigate, arrest, and prosecute medical marijuana patients.

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